Radiation regulations development — Part 12

In late summer 2014, we recognized a budget shortfall that left us without adequate funding to support the continued operation of the regulatory programs related to radiation (X-ray) machines and radioactive materials facilities. Subsequently, in fall 2014 we initiated a stakeholder process for Radiation Regulation Part 12, titled “Fees for Radiation Control Services.” Stakeholders were notified of the proposed rule changes, the opportunity to comment and the rulemaking hearing dates via email, postings on this website and postcard mailings. Before this rulemaking, these fees hadn't changed for many years.
A request for rulemaking before the Colorado Board of Health was held Dec. 17, 2014, and a final rulemaking hearing was held Feb. 18, 2015. The Board of Health approved the rule amendment for Part 12 and the final rule became effective March 30, 2015. Minor changes to Part 2 of the regulations needed to support the Part 12 rule change were completed concurrently with the Part 12 changes. 
What does the regulatory amendment address or change?
Due to a budget shortfall and the spend-down of the program operating account, the Radiation Program proposed and completed a regulatory amendment to increase the fees we charge for our services.  
Part 12 and Part 2 rule changes:
  • All fees — with the exception of the hourly fee (charged for hourly based services) — charged by the program were increased, including those for radioactive materials, radiation machines, and certain other registrants.
  • The fee change resulted in increases in the range of 18-25 percent above current fees.
  • A new annual registration process and fee was established for facilities using radiation-producing (X-ray) machines. Before this amendment, no periodic registration was required for X-ray machine facilities and no annual fee was charged.
  • The registration cycle for persons/entities registered with the X-ray unit as Qualified Experts, Qualified Inspectors, Service Companies and other entities registered with us changed to an annual cycle.
Who is impacted by the amended rule?
All facilities licensed or registered with the Radiation Program, including X-ray machine facilities, certain X-ray machine operators, and X-ray machine users/facilities are impacted.  
The final rule was published in the Colorado Register on March 25, 2015, and can be found on the Radiation Regulations Web page.